Understanding BWI Charges: What You Need to Know
What is a BWI Charge?
Boating while impaired (BWI), also known as boating under the influence (BUI), is treated similarly to driving while impaired (DWI) under Minnesota law. This means that the consequences, mandatory minimums for repeat offenses within ten years, and potential felony enhancements for prior DWI convictions are equivalent to those for driving a vehicle.
In Minnesota, it is illegal to be in physical control of a motor vehicle, including boats, while impaired. The BWI statute states that it is a crime “to drive, operate, or be in physical control of any motor vehicle, as defined in section 169A.03, subdivision 15, within this state or on any boundary water of this state” while impaired. This includes impairment from any substance, not just alcohol. Even if your blood alcohol concentration (BAC) is below .08, you can still be charged if the state can prove that the lesser amount impaired your ability to operate a boat. A BAC of .08 or higher, or the presence of certain controlled substances, will also result in a charge.
How Can a BWI Be Considered a DWI?
Under section 169A.03, subdivision 15, motorboats are explicitly included in the definition of motor vehicles referenced in the DWI criminal statute. Therefore, driving a boat while impaired carries the same criminal consequences as driving a vehicle on the road. This definition also extends to other self-propelled vehicles, such as scooters. Having an experienced BWI attorney is essential to understanding the BWI charge.
Will I Lose My License After a First Conviction for Boating Under the Influence?
● For a first BWI/BUI offense, you will not lose your driver’s license.
● However, you may lose your boat operating privileges for 90 days. This can also impact your ATV and snowmobiling privileges.
Many of the civil penalty statutes for DWIs apply similarly to BWIs, meaning it is possible to forfeit your vehicle based on a BWI offense.
Does a BWI Ever Impact My Driver’s License?
The Department of Public Safety, which oversees driver’s licenses, often operates independently of changing laws. In practice, a BWI can affect your driving privileges if you have prior DWIs at the time of the incident. The consequences can be similar to those of receiving a subsequent DWI.
Do You Need an Attorney for a BWI Charge?
Going through a BWI charge without a BWI attorney is just as dangerous as going to court for a DWI charge without an attorney. A BWI charge in criminal court is treated with the same severity as a DWI charge. This includes mandatory minimums, required bail, and potential penalties such as jail time and fines.
For a first-time BWI without prior DWIs and a BAC of .15 or less, it is a misdemeanor with a maximum penalty of 90 days in jail, a $1,000 fine, or both. If you have a prior DWI or BWI within the past ten years, or a BAC of .16 or greater, it is a gross misdemeanor. The maximum penalty is 364 days in jail, a $3,000 fine, or both. It would be foolish to deal with a BWI charge without a BWI lawyer.
Can a BWI Be a Felony?
Yes, a BWI can be enhanced to a felony under the same conditions as a DWI. This occurs if you have three DWI or BWI charges within the past ten years or a prior felony BWI or DWI at any point in your lifetime.
Possible BWI Defenses
BWIs present unique challenges and defenses compared to DWIs. Some possible defenses include:
● Testing Time Frame: The two-hour timeframe for testing applies to BWIs as well, but it is often more challenging for law enforcement to meet this requirement on the water.
● Actual Impairment: Whether you were actually impaired at the time of control.
● Control of the Boat: Determining if you had control of the boat when multiple passengers are present.
These complexities make it crucial to have a BWI attorney who is familiar with these specific issues.
Where Do BUIs Occur?
BUIs can be charged throughout Minnesota, including private lakes. Shek Law LLC has Minneapolis BUI attorneys ready to assist you. We also serve as BUI attorneys in Dakota County, Scott County, and other metro and rural counties throughout Minnesota.
If you are facing a BWI charge, understanding your rights and the potential consequences is essential. Having a knowledgeable attorney can make a significant difference in the outcome of your case. If you need assistance, contact Shek Law LLC for experienced legal support.